Banking & Mortgage Attorneys for Lenders, Servicers, and Investors

Banking & Mortgage Attorneys for Lenders, Servicers, and Investors

Regulatory expectations for mortgage lending have never been higher. A single misstep in disclosures, interest rate terms, or loan servicing can trigger regulatory scrutiny, consumer complaints, or full‑scale mortgage litigation. A trusted mortgage attorney helps guard against those risks while preparing your organization to respond effectively when disputes arise.

The Banking and Mortgage practice at McCathern, Shokouhi, Evans assists clients with mortgage lending and banking matters across federal and state laws, including regulatory compliance, documentation, and disputes involving financial institutions and service providers. Our mortgage attorneys bring both courtroom experience and deep industry insight to counseling banks, mortgage lenders, servicers, and investors on how to operate confidently in a complex environment.

For more than 25 years, McCathern, Shokouhi, Evans has represented clients across the nation, from emerging businesses to Fortune 500 companies and high‑profile organizations. That experience informs our banking and mortgage practice and allows us to provide practical, business‑minded legal advice rather than purely theoretical opinions.

Finding the Right Banking & Mortgage Attorney Team

The right mortgage lawyer is not just familiar with the law. They understand how mortgage products are structured, how loan servicing actually functions day to day, and how regulators think about risk.

At McCathern, Shokouhi, Evans, our banking and mortgage attorneys:

  • Learn your business model, loan portfolio, and risk tolerance, whether you are a national mortgage lender, loan servicer, community bank, credit union, investor, or fintech platform
  • Explain federal and state requirements in clear terms so leadership can make informed decisions about lending practices, interest rate structures, and servicing policies
  • Provide candid assessments of litigation exposure, class action risk, and regulator expectations around consumer protection and predatory lending claims
  • Balance proactive compliance counseling with readiness to defend your organization in mortgage litigation, regulatory enforcement, and borrower disputes
  • Coordinate with in‑house counsel, compliance officers, and outside real estate attorneys to align documents, closing processes, and servicing procedures with state laws and local practice

For many clients, the value of a mortgage attorney lies in prevention. For others, it is the ability to respond quickly and effectively when a dispute, class action, or regulatory investigation is already underway. Our team is prepared for both

Banking & Mortgage Services

The Banking and Mortgage practice handles a wide range of matters for financial institutions and service providers.

Mortgage lending and documentation

  • Structuring and reviewing mortgage lending programs, including fixed and adjustable rate products for residential and commercial property
  • Drafting and updating loan applications, notes, deeds of trust, and closing packages so they align with federal and state laws, including disclosure rules and timing requirements
  • Addressing interest rate and fee disclosures, advertising standards, and borrower communications that can trigger Truth in Lending Act and other consumer‑protection issues
  • Coordinating with real estate lawyers and title professionals on closing processes for purchases, refinances, construction loans, and commercial property transactions

Regulatory compliance and examinations

  • Advising on compliance with the Dodd‑Frank Act, CARD Act, and related regulations that govern consumer mortgage lending and servicing
  • Counseling on audits and examinations by the Consumer Financial Protection Bureau (CFPB) and state banking regulators
  • Reviewing policies, procedures, and training for loan officers, underwriters, and servicing staff to reduce the risk of regulatory findings or enforcement actions
  • Providing ongoing legal advice as federal and state regulatory expectations evolve

Loan servicing, default, and loss mitigation

  • Counseling mortgage servicers on loan servicing standards, investor requirements, and communication protocols with borrowers
  • Advising on state‑specific foreclosure processes, timelines, and notice requirements
  • Structuring and documenting loss mitigation programs, including modifications, forbearance, and repayment plans
  • Addressing escrow administration, payment allocation disputes, and servicing‑transfer issues that commonly lead to mortgage litigation

Mortgage litigation and class action defense

  • Defending mortgage lenders, servicers, and banks in individual lawsuits and class actions involving alleged predatory lending, servicing errors, interest rate practices, or disclosure failures
  • Handling claims under the Truth in Lending Act and related consumer protection statutes, as well as state unfair and deceptive trade practices laws
  • Representing clients in disputes over adjustable rate products, prepayment penalties, and alleged misrepresentations at the point of sale or closing
  • Coordinating strategy across jurisdictions when similar claims arise in multiple courts or when class action exposure is a concern

Banking and financial services counseling

  • Advising on new product development, including mortgage lending programs offered through bank‑fintech partnerships
  • Reviewing vendor contracts and technology solutions related to loan origination, document preparation, and loan servicing
  • Counseling on privacy, data security, and information‑sharing issues that intersect with mortgage lending and servicing operations

Nationwide resources and strategic partnerships

  • Leveraging a network of contract attorneys and Of Counsel in all 50 states to support multi‑state compliance and litigation needs for financial institutions and service providers
  • Working closely with PeirsonPatterson, LLP and Digital Docs, Inc., a leading provider of residential real estate documentation and compliance review, to help clients maintain robust document and compliance systems at scale

For certain discrete counseling projects or document‑update initiatives, the firm may consider alternative fee arrangements, including flat fee structures, where appropriate and consistent with client needs.

Experienced Banking & Mortgage Attorneys and Firmwide Support

Because many banking and mortgage issues intersect with real estate, business, and class action litigation, clients benefit from the firm’s broader capabilities and its ability to assemble cross‑disciplinary teams as matters evolve.

  • Board Certified trial attorneys with significant experience in complex commercial litigation and financial services disputes
  • A firmwide team that regularly handles business and commercial litigation, class actions, and regulatory matters across industries
  • Offices in Dallas, Frisco, Houston, and Los Angeles, giving clients convenient access and local knowledge in key markets

McCathern, Shokouhi, Evans banking and mortgage practice is led by seasoned trial and regulatory attorneys who understand both the courtroom and the compliance environment. The practice is headed by CEO & Partner Arnold Shokouhi.

The Banking and Mortgage practice is supported by:

How Our Mortgage Attorneys Approach Compliance and Litigation

No two financial institutions operate in exactly the same way. Our mortgage attorneys tailor their approach to fit each client’s portfolio, risk profile, and strategic goals.

In counseling and litigation, we:

  • Start with a clear understanding of your products, channels, and existing compliance framework
  • Identify how federal and state requirements apply to your specific mortgage lending, interest rate, and loan servicing practices
  • Map out where disputes or claims are most likely to arise, including predatory lending allegations, Truth in Lending Act disputes, and servicing‑related borrower complaints
  • Look for opportunities to resolve disputes efficiently through negotiation, mediation, or targeted motion practice when that serves your business objectives
  • Prepare thoroughly for trial when litigation is unavoidable, recognizing that strong trial readiness often drives more favorable resolutions

We recognize that the cost of a regulatory finding or class action is not limited to a settlement number. Reputational risk, operational disruption, and the impact on secondary market relationships all matter. Our goal is to provide legal representation that keeps those broader business considerations in view at every step.

Serving Mortgage Lenders and Financial Institutions Nationwide

McCathern, Shokouhi, Evans Banking and Mortgage practice serves:

  • National and regional mortgage lenders
  • Banks and credit unions
  • Mortgage loan servicers and subservicers
  • Investors and hedge funds acquiring mortgage portfolios
  • Fintechs partnering with financial institutions on mortgage lending or servicing

Through our network of attorneys and Of Counsel in all 50 states, we are able to support compliance projects, loan program rollouts, and mortgage litigation matters that span multiple jurisdictions.

Our clients range from institutions with nationwide footprints to lenders that serve specific metropolitan or regional markets. Whatever the scale, they receive the same level of preparation, candor, and attention to detail.

Banking & Mortgage Resources and Next Steps

Staying current on banking and mortgage regulation is an ongoing commitment. McCathern, Shokouhi, Evans regularly provides banking and mortgage regulatory updates, including guidance regarding CFPB audits and post‑Dodd‑Frank compliance considerations for financial institutions.

If your organization is facing a specific banking or mortgage issue, or if you want to review your current compliance and litigation posture, an early consultation with a mortgage attorney can help you:

To discuss your situation with a member of our Banking and Mortgage practice, please contact us through the firm’s contact page or reach out to our Dallas, Frisco, or Houston offices directly.